Jagpreet Kaur And 4 Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Jagpreet Kaur And 4 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 15 January, 2025

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:2369-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 265 of 2025
 

 
Petitioner :- Jagpreet Kaur And 4 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Suresh Kumar Mishra
 
Counsel for Respondent :- G.A.,Mohd. Imran Khan
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record.

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 05.11.2024, bearing F.I.R./Case Crime No.0523 of 2024, under Sections 79, 115 (2), 352 and 351 (2) of B.N.S. Act, Police Station Krishna Nagar, District Lucknow.

3. Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure.

4. Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

.

(Om Prakash Shukla, J.) (Vivek Chaudhary, J.)

Order Date :- 15.1.2025

Ajit